Common use of Compliance with Section 409A Clause in Contracts

Compliance with Section 409A. Subject to the provisions in this Section 4(d), any severance payments or benefits under this Agreement shall begin only upon the date of Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to Executive under this Agreement:

Appears in 17 contracts

Samples: Employment Agreement (Ocular Therapeutix, Inc), Employment Agreement (Ocular Therapeutix, Inc), Employment Agreement (Ocular Therapeutix, Inc)

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Compliance with Section 409A. Subject to the provisions in this Section 4(d4(b)(iv), any severance payments or benefits under this Agreement shall begin only upon the date of Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to Executive under this Agreement:

Appears in 9 contracts

Samples: Employment Agreement (PTC Therapeutics, Inc.), Employment Agreement (PTC Therapeutics, Inc.), Employment Agreement (PTC Therapeutics, Inc.)

Compliance with Section 409A. (a) Subject to the provisions in this Section 4(d)6.11, any severance payments or benefits that may be due under this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of the Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefitspayments, if any, to be provided to the Executive under this Agreement, as applicable:

Appears in 8 contracts

Samples: Employment Agreement (ConforMIS Inc), Employment Agreement (ConforMIS Inc), Employment Agreement (Conformis Inc)

Compliance with Section 409A. Subject to the provisions in this Section 4(d4(b)(iii), any severance payments or benefits under this Agreement shall begin only upon the date of Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to Executive under this Agreement:

Appears in 7 contracts

Samples: Employment Agreement (PTC Therapeutics, Inc.), Employment Agreement (PTC Therapeutics, Inc.), Employment Agreement (PTC Therapeutics, Inc.)

Compliance with Section 409A. Subject to the provisions in this Section 4(d)8.8, any severance payments or benefits under this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date Date of termination of Executive’s employmentTermination. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to the Executive under this Agreement:

Appears in 4 contracts

Samples: Retention Agreement (Network Engines Inc), Retention Agreement (Network Engines Inc), Retention Agreement (Network Engines Inc)

Compliance with Section 409A. Subject to the provisions in this Section 4(d)17, any severance payments or benefits under this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of Executive’s employmentTermination Date. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to the Executive under this Agreement:.

Appears in 2 contracts

Samples: Employment Agreement (NMT Medical Inc), Employment Agreement (NMT Medical Inc)

Compliance with Section 409A. (a) Subject to the provisions in this Section 4(d)6.10, any severance payments or benefits that may be due under this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of the Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefitspayments, if any, to be provided to the Executive under this Agreement, as applicable:

Appears in 2 contracts

Samples: Employment Agreement (ConforMIS Inc), Employment Agreement (ConforMIS Inc)

Compliance with Section 409A. Subject to the provisions in this Section 4(d)12, any severance payments or benefits under this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of the Executive’s termination of Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to the Executive under this Agreement:.

Appears in 2 contracts

Samples: Employment Agreement (Catabasis Pharmaceuticals Inc), Employment Agreement (Catabasis Pharmaceuticals Inc)

Compliance with Section 409A. Subject to the provisions in this Section 4(d)4, any severance payments or benefits under Section 3 of this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of the Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to the Executive under Section 3 of this Agreement:

Appears in 1 contract

Samples: Change of Control and Severance Agreement (Akamai Technologies Inc)

Compliance with Section 409A. Subject to the provisions in this Section 4(d4(b)(iii), any severance payments or benefits under this Agreement shall begin only upon the date of Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to Executive under this Agreement:: ​

Appears in 1 contract

Samples: Employment Agreement (PTC Therapeutics, Inc.)

Compliance with Section 409A. Subject to the provisions in this Section 4(d)5, any severance payments or benefits under Section 4 of this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of the Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to the Executive under Section 4 of this Agreement:

Appears in 1 contract

Samples: Control and Severance Agreement (Akamai Technologies Inc)

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Compliance with Section 409A. Subject to the provisions in this Section 4(d4(b)(iv), any severance payments or benefits under this Agreement shall begin only upon the date FINAL ​ ​ ​ of Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to Executive under this Agreement:

Appears in 1 contract

Samples: Employment Agreement (PTC Therapeutics, Inc.)

Compliance with Section 409A. (a) Subject to the provisions in this Section 4(d)4.4, any severance payments or benefits under this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date Date of termination of Executive’s employmentTermination. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to the Executive under this Agreement:

Appears in 1 contract

Samples: Executive Retention Agreement (Unica Corp)

Compliance with Section 409A. Subject to the provisions in this Section 4(d)5, any severance payments or benefits under Section 4 of this Agreement shall begin only upon the date of the Executive’s 's “separation from service” (determined as set forth below) which occurs on or after the date of termination of the Executive’s 's employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to the Executive under Section 4 of this Agreement:

Appears in 1 contract

Samples: Change in Control and Severance Agreement (Akamai Technologies Inc)

Compliance with Section 409A. Subject to the provisions in this Section 4(d)15, any severance payments or benefits under this Agreement shall begin only upon the date of Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of Executive’s termination of Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefits, if any, to be provided to Executive under this Agreement:

Appears in 1 contract

Samples: Idera Pharmaceuticals, Inc.

Compliance with Section 409A. (a) Subject to the provisions in this Section 4(d)3.5, any severance payments or benefits that may be due under this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of the Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefitspayments, if any, to be provided to the Executive under this Agreement, as applicable:

Appears in 1 contract

Samples: Employment Agreement (ConforMIS Inc)

Compliance with Section 409A. (a) Subject to the provisions in this Section 4(d)6.11, any severance payments or benefits that may be due under this Agreement shall begin only upon the date of the Executive’s “separation from service” (determined as set forth below) which occurs on or after the date of termination of the Executive’s employment. The following rules shall apply with respect to the distribution of the severance payments and benefitspayments, if any, to be provided to the Executive under this Agreement:, as applicable: 2721533v1/999-283

Appears in 1 contract

Samples: Employment Agreement (Conformis Inc)

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